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(영문) 대전지방법원 2015.11.13 2014나106821
건물등철거
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall attach attached Form 466m2 to the plaintiff among the 466m2 in ASEAN-si.

Reasons

1. Basic facts

A. On February 16, 1965, I completed the registration of transfer of ownership on the land of this case on May 20, 195 with respect to the land of this case on the land of this case (the land category was changed to a religious site of this case on August 26, 1994; hereinafter the same shall apply), which was due to the completion of reimbursement on May 20, 195, and H concluded a sales contract with I on October 15, 1990, and completed the registration of transfer of ownership on December 31, 1990. The Plaintiff donated the land of this case from H on February 26, 2009 and completed the registration of transfer of ownership on the land of this case on March 22, 2009.

B. The J, the husband of I, newly constructed a mentment, brick structure, 36.6 square meters on the ground of the instant land, and completed the registration of ownership preservation on the said land under the name of I, etc. on November 4, 1986, after completion of the completion inspection on May 30, 1985. He purchased the instant land from I on October 15, 1990 and completed the registration of ownership transfer on December 31, 1990.

H subsequently, after constructing 47.54 square meters on the instant land, he/she obtained approval for use on August 5, 1994, after which he/she later used the said housing and neighborhood living facilities as “G church” facilities.

C. The Defendant owns the instant land and the land adjacent to the instant land, and the building not permitted or unregistered on the said K’s land (hereinafter “Defendant’s building”). The Defendant’s building, among the instant buildings, is constructed on the ground part (a) on the part of the instant land, in which the 31m2 of the building on the ground of soil brick bridge was successively connected with each of the points of the attached Form 1, 2, 3, 4, and 1 in sequence among the instant land, and the 11m2 of the attached Form 1 is successively connected to each of the points of the said land. The attached Table 11m2, 5, 6, 7, 8, 3, and 2 is constructed on the ground part (b) of the instant land.

Inboard (a) and (b) the sum of 42 square meters in total, on-board (a) and (b) parts of each of the above buildings, “the instant intrusion part” shall be referred to as “the instant intrusion part”). [In the absence of any dispute over the grounds for recognition], Article 1.

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